Conservation Easements
Conservation easements are a vital tool to preserve Rappahannock’s open spaces. Through this voluntary action, the landowner is able to protect their land forever from being developed while also securing substantial tax incentives.
What is a “conservation easement”?
A conservation easement is an agreement between you and a public trust entity, usually the Virginia Outdoors Foundation (VOF), to restrict the use of your property forever.
The easement limits the uses of your property— especially industrial, commercial and residential development—to protect its natural, scenic, or historic features. You can still live on the land, sell it, pass it on to your heirs, and build a house and outbuildings.
What land qualifies for a conservation easement?
Properties of at least 100 acres are currently being given the highest priority by VOF. However, VOF may also consider properties under 100 acres that possess significant conservation values (such as land along the Rappahannock River, along a scenic byway, next to Shenandoah National Park or surrounded by other easements.)
Photo by Brett Jackson
Many misunderstandings about conservation easements exist. Below, we identify some of the most common myths about conservation easements and why these myths are inaccurate.
Myth 1: Easements are for wealthy people.
Easements are for anyone who wants to protect properties and communities. Many easement donors regard tax benefits as “bonuses for doing the right thing” and some don’t even ask for the tax benefits. Reasons for donating easements often solely include protecting family property and interests, accelerating land gifts to younger generations, and preserving wildlife and water resources.
Myth 2: The donation process is expensive due to legal and appraisal fees.
That’s up to you. If your property is large, the easement is more complicated (especially if it is tied to a sophisticated estate plan). If you want the maximum tax benefits, legal and appraisal costs can be significant. If you’re not interested in tax benefits, no appraisal is required. If you are willing to accept standard easement language, legal costs can be relatively small. Funding may be available for these costs if you cannot afford them.
Myth 3: Easements “lock you in” and prohibit agricultural use of the land.
Virginia easements support agricultural and forest uses. You are subject only to restrictions in the easement document. If you don’t explicitly give away a right, you still have it.
Myth 4: Easement properties can’t be sold.
Rappahannock land records show sales of many easement-protected properties, sometimes for more than you might expect, sometimes for less. However, the easement terms continue to apply to the property regardless of the owner.
Myth 5: You can’t borrow money against easement-protected land.
Area banks routinely sign easements covering properties on which they hold mortgages.
Myth 6: Easements are for “come-heres” only.
Photo by Tom Murray
Native Rappahannock families as well as recent arrivals have donated easements in the county. The desire to preserve our rural way of life is a common thread among county residents.
Myth 7: Easements take land off the tax rolls which adds to the county budget problems.
Easement-protected properties remain on the tax rolls. And because easement lands are assessed at the “land use” value, they actually increase State aid for our schools.
